Office of the Revisor of Statutes
HF 2651
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2025 03:02 p.m.
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A bill for an act
relating to human services; modifying home care nursing hardship criteria;
amending Minnesota Statutes 2024, section 256B.0654, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256B.0654, subdivision 4, is amended to read:
Subd. 4.
Hardship criteria; home care nursing.
(a) Payment is allowed for extraordinary
services that require specialized nursing skills and are provided by parents of minor children,
family foster parents, spouses, and legal guardians who are providing home care nursing
care under the following conditions:
(1) the provision of these services is not legally required of the parents, spouses, or legal
guardians;
(2) the services are necessary to prevent hospitalization of the recipient; and
(3) the recipient is eligible for state plan home care or a home and community-based
waiver and one of the following hardship criteria are met:
(i) the parent, spouse, or legal guardian resigns from a part-time or full-time job to
provide nursing care for the recipient;
(ii) the parent, spouse, or legal guardian goes from a full-time to a part-time job with
less compensation to provide nursing care for the recipient;
(iii) the parent, spouse, or legal guardian takes a leave of absence without pay to provide
nursing care for the recipient; or
(iv) because of labor conditions, special language needs, or intermittent hours of care
needed, the parent, spouse, or legal guardian is needed in order to provide adequate home
care nursing services to meet the medical needs of the recipient.
(b) Home care nursing may be provided by a parent, spouse, family foster parent, or
legal guardian who is a nurse licensed in Minnesota. Home care nursing services provided
by a parent, spouse, family foster parent, or legal guardian cannot be used in lieu of nursing
services covered and available under liable third-party payors, including Medicare. The
home care nursing provided by a parent, spouse, family foster parent, or legal guardian must
be included in the service agreement. Authorized nursing services for a single recipient or
recipients with the same residence and provided by the parent, spouse, family foster parent,
or legal guardian may not exceed 50 percent of the total approved nursing hours, or deleted text begin eightdeleted text end new text begin
12new text end hours per day, whichever is less, up to a maximum of deleted text begin 40deleted text end new text begin 60new text end hours per week. A parent
or parents, spouse, family foster parent, or legal guardian shall not provide more than deleted text begin 40deleted text end new text begin
60new text end hours of services in a seven-day period. For parents, family foster parents, and legal
guardians, deleted text begin 40deleted text end new text begin 60new text end hours is the total amount allowed regardless of the number of children or
adults who receive services. Nothing in this subdivision precludes the parent's, spouse's, or
legal guardian's obligation of assuming the nonreimbursed family responsibilities of
emergency backup caregiver and primary caregiver.
new text begin
(c) Notwithstanding any law or rule to the contrary, a parent, spouse, family foster parent,
or legal guardian providing services under this subdivision may be employed by more than
one home care nursing agency.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end A parent, family foster parent, or a spouse may not be paid to provide home care
nursing care if:
(1) the parent or spouse fails to pass a criminal background check according to chapter
245C;
(2) it has been determined by the home care nursing agency, the case manager, or the
physician, advanced practice registered nurse, or physician assistant that the home care
nursing provided by the parent, family foster parent, spouse, or legal guardian is unsafe; or
(3) the parent, family foster parent, spouse, or legal guardian does not follow physician,
advanced practice registered nurse, or physician assistant orders.
deleted text begin (d)deleted text end new text begin (e)new text end For purposes of this section, "assessment" means a review and evaluation of a
recipient's need for home care services conducted in person. Assessments for home care
nursing must be conducted by a registered nurse.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end